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119 Ga. 299

Glass v. State

Supreme Court of Georgia

Decided January 12, 1904

Supreme Court of Georgia · decided 1904-01-12

<p>1. In prosecutions in a city court the acc usation may be more restricted, but can not be broader, than the affidavit on which it is based.</p> <p>2. Where an affidavit charges the commission of a specific act, the accusation must conform thereto.</p> <p>8. As the greater includes the less, if the affidavit is general, the accusation may charge a specific criminal act included within the offense named in the affidavit.</p>

Key passage — most relied on by later courts

“at a game of seven-up, skin and other games played with cards,”

quoted by 1 later decision, including 111 Ga. App. 587 - Williams v. State

Relies on Brown v. State · Williams v. State · Dickson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1904-01-12

How this case has been cited

Cited by 10 later decisions — most recently February 1984

10 state decisions

30190419101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Lamar, J.

¶1Glass was prosecuted in the city court of Fayetteville, for a misdemeanor. The affidavit charged him with the offense of “ gaming.” The accusation based thereon charged that ha “ did . . play and bet for money and other things of value, at a game of seven-up, skin, and other games played with cards.” The defendant demurred on the ground that the accusation did not follow the affidavit, in that it covered matters other than those contained therein. On the authority of Dickson v. State, 62 Ga. 588, Brown v. State, 109 Ga. 572, and Williams v. State, 107 Ga. 693, the judge properly overruled the demurrer. If the affidavit had charged the defendant with playing “seven-up,” the defendant could not have been put on trial for playing at any other game, or for gaming generally. Blake v. State, 112 Ga. 537. But where the affidavit sets out that the defendant was guilty of the general offense of gaming, the accusation can allege that he was guilty of any specific act included within the definition. The accusation can not be broader than the affidavit, but, as the greater includes the less, if the affidavit is general, the accusation can be specific.

¶2Judgment affirmed.

All the Justices concur.
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